Get the free Application form to modify or discharge a section 106 planning obligation
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This document serves as an application form for individuals seeking to modify or discharge a planning obligation under section 106A of the Town & Country Planning Act 1990, applicable within Exmoor
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How to fill out application form to modify
How to fill out Application form to modify or discharge a section 106 planning obligation
01
Gather relevant documents: Collect all necessary documentation regarding the section 106 planning obligation.
02
Complete the application form: Fill out the application form accurately, providing information about the proposed modifications or discharge.
03
Describe the changes: Clearly outline the changes you wish to make to the original section 106 obligation.
04
Justify your request: Provide a rationale for the modification or discharge, including how it aligns with current planning policies.
05
Submit supporting documents: Attach any additional documentation that supports your application, such as maps or plans.
06
Pay the application fee: Include payment for the applicable fee associated with the application.
07
Submit the application: Send the completed application form and supporting documents to the relevant local planning authority.
08
Await decision: After submission, wait for the local planning authority to process your application and provide a decision.
Who needs Application form to modify or discharge a section 106 planning obligation?
01
Anyone holding a section 106 planning obligation who seeks to modify its terms or discharge it.
02
Developers and landowners who have previously entered into such obligations.
03
Individuals or organizations affected by the obligations wishing to seek amendments.
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People Also Ask about
How do I remove a section 106 agreement?
Either via an S73 application (provided your existing S106 agreement permits this) or through a new full planning application (you will have a free go if your consent is less than 12 months old). However it should be noted that this will not be effective if there is a pre-existing breach of the existing agreement.
What is the purpose of a section 106 agreement?
A section 106 agreement is designed to make a development possible that would otherwise not be possible, by obtaining concessions and financial contributions from the developer. It forms a section of the Town and Country Planning Act 1990.
What is a discharge of a contract in simple words?
Contract discharge refers to the fulfillment or completion of the contractual obligations by both parties, resulting in the termination of the contract. In other words, there is a discharge of contract when both parties have performed their respective duties and obligations.
What is a discharge of S106?
A Discharge/Compliance of S106 agreement is when the Council confirms, in writing, that all the Covenants have been complied with (or not), this includes both financial and non-financial.
How to amend a section 106 agreement?
A Section 106 Legal Agreement (S106) planning obligation may be changed, via a Deed of Variation (DOV). For example, amending the timing of when a contribution needs to be paid. The power to enter into a DOV is set out within Section 106A of the Town & Country Planning Act 1990 (as amended).
What is a section 106 agreement template?
A section 106 (S106) agreement is a legally binding agreement or “planning obligation” between a local planning authority, like us, and a property owner. The purpose of a S106 agreement is to mitigate the impact of the development on the local community and infrastructure.
What is a discharge of S106 agreement?
A Discharge/Compliance of S106 agreement is when the Council confirms, in writing, that all the Covenants have been complied with (or not), this includes both financial and non-financial.
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What is Application form to modify or discharge a section 106 planning obligation?
The Application form to modify or discharge a section 106 planning obligation is a legal document submitted to the local planning authority to request changes to or the complete removal of a section 106 agreement, which is a binding legal agreement between a local authority and a developer that ensures contributions to infrastructure or services.
Who is required to file Application form to modify or discharge a section 106 planning obligation?
Typically, the landowner or developer who is a party to the section 106 agreement is required to file the Application form to modify or discharge the obligation.
How to fill out Application form to modify or discharge a section 106 planning obligation?
To fill out the Application form, one must provide details about the existing section 106 agreement, specify the modifications or discharge requested, include relevant planning considerations, and submit any required supporting documents along with the form.
What is the purpose of Application form to modify or discharge a section 106 planning obligation?
The purpose of the Application form is to formally request changes to the obligations set out in a section 106 agreement, allowing for alterations that reflect changing circumstances or to relieve burdens that may no longer be necessary.
What information must be reported on Application form to modify or discharge a section 106 planning obligation?
The information required includes the details of the section 106 agreement, the reasons for the requested modifications or discharge, any relevant background information regarding the planning situation, and necessary supporting documents demonstrating the need for the changes.
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